Cladding Remediation 18m

The Building Safety Fund is designed to cover the costs of removing and replacing unsafe non-ACM cladding from residential high rise buildings of at least 18 metres in height, with a 30cm tolerance.

The fund covers ‘reasonable’ capital costs for eligible works necessary to remove the cladding and it covers Cladding Consulting’s fees along with:

• Direct access related to qualifying works (e.g. scaffolding, mast climber, etc.),
• Removal and disposal of existing non-ACM cladding
• ​Replacement materials
• Labour and reasonable contractor overheads
• Professional fees for qualifying items
• Managing agents’ fees for administering qualifying expenditure
• Extraordinary technical requirements which incur extra costs essential to but not normally associated with removing and replacing unsafe cladding systems

Cladding is the process of adding a new layer of material to the exterior of a building. This could be to boost insulation, enhance weather protection, or improve the appearance of the building.

Some cladding, however, has been found to be less fire resistant than is considered safe. Wood and uPVC cladding is more prone to catching fire, whilst Aluminium Composite Material (ACM) cladding, particularly when it has flammable insulation, is considered to be the most combustible.

Aluminium composite material (ACM) is a flat panel made from two thin aluminium sheets bonded to a non-aluminium core, between three and seven millimetres thick. The panels have a painted or metallic finish, for example a copper or zinc effect.

ACM with an unmodified polyethylene filler with any type of insulation presents a significant hazard on buildings over 18 metres, and should therefore be replaced. As of 1 June 2022, there has been an outright ban on the use of these types of panels on all new buildings of any height.

There is a cladding remediation fund in the pipeline designed to address fire safety defects in buildings of 11-18 metres in height (Mid-Rise buildings). This fund falls in line with the government’s promise that leaseholders of any building over 11 metres in height should not have to pay for unsafe cladding rectification.

Currently there is no firm date for the launch of this scheme, although we expect it to be in March this year and it is as yet uncertain as to whether it will cover both ACM and non-ACM cladding.

As soon as we have any news, we will post it on our website, so please do check back.

Where a developer takes over responsibility for works on buildings already in the Building Safety Fund (BSF) process, they are required to ensure they take forward full cladding remediation for all works recommended by the Fire Risk Appraisal of External Walls (FRAEW). They must also ensure any costs incurred by applicants and leaseholders in developing the remediation project are reimbursed.

If BSF funding has already been agreed and a contract signed, the applicant will be expected to continue with the BSF process. Once the works are completed, the developer will reimburse the BSF for the works.

If funding has been agreed but no contract signed, the developer can either leave the remediation within the BSF process as above, or withdraw the building from the fund and remediate it themselves. Either way, it will be down to the developer to pay.

If funding is yet to be agreed, the developer must follow the adapted BSF process to scope out the works required.

If you are applying to the cladding remediation fund through Cladding Consulting, you can leave all of this detail to us, and we will ensure that the appropriate process is followed. If you are entering into negotiations with a developer under the Developer Pledge, we can help you by appraising your agreement via our highly specialised contract lawyers who have specific experience in this area.

Our service is designed to support leaseholders, managing agents and other parties with an interest in or responsibility for a building that has fire safety defects such as unsafe cladding.

Our long term experience in the property sector led us to identify a need for guidance through the process of applying to the cladding remediation fund, which is renowned for its complexity and known to be very time consuming.

In our specialist role, we take applicants under the fund through the entire process, from finding out whether their building has fire safety defects and arranging the necessary documentary proof, to receiving the funds to rectify the problem and appointing and managing the contractors who will undertake the remediation works.

Throughout the funding application process, we liaise closely with the fund operators to progress the claim. To ensure the security and correct handling of the funds once they are released, we have robust structures in place so that we can carefully manage the money and ensure contractors and other parties are paid accordingly. Throughout, we maintain strict financial records of all transactions to completion.

Applicants are provided access to a secure online portal where they can view documentation in real time for complete transparency. Through regular video calls, we keep applicants up to date on progress, with all meetings minuted and shared on the portal.

On completion, we hand over an electronic file containing all the drawings, warranties, plans, consents and any other documentation relating to the project. Whilst we manage everything on behalf of the applicant, we ensure that direct contracts are signed between them and all the individual parties involved, so that they have direct access to the collateral warranties once the project is finalised.

If you are eligible for funding, Cladding Consultings fees will be covered by it.